INTRODUCTION

These Terms and Conditions provide the ground rules of your premium membership. They apply to each NightCloud member who is using the paid network services (“Premium Member”). As a Premium Member, you agree to abide by these Terms and Conditions throughout the term of your premium membership (“Premium Membership Term”). Failure to comply with these Terms and Conditions may, at the discretion of the NightCloud, result in the suspension or termination of your premium membership.

Please familiarize yourself with these Terms and Conditions and revisit them often. The NightCloud may amend or modify these Terms and Conditions at any time, by providing written notification to NightCloud Premium Members in advance of proposed changes going into effect.

1. PREMIUM MEMBERSHIP TERM

Your Premium Membership Term will begin on the date that the NightCloud approves your premium membership application. Premium Membership Terms are recognized monthly, semi-annually or annually. Unless terminated as provided in these Terms and Conditions, your premium membership status will remain active and will renew automatically on the expiration date of your Premium Membership Term commenced, or in the case of a period of lapsed premium membership, the date that your premium membership was reactivated.

2. PREMIUM MEMBERSHIP PAYMENT AND RENEWAL

As a Premium Member, you agree to pay the fees established for your premium membership level. Premium membership fees may be amended from time to time in accordance with NightCloud’s prior written notice. premium membership fees are monthly, semi-annually or annual based on your choice, and payment is required upon approval of your premium membership application (to activate your premium membership) and upon renewal (on the expiration date of approval of your premium membership application). Your Premium membership will be renewed automatically and invoiced 24 hours prior to the end of your Premium Membership Term, unless you cancel your premium membership. If any renewal invoice is not paid by the due date, then your premium membership will be deactivated and all member services will be suspended. If you elect to not renew your premium membership and you have registered and paid for an upcoming event or activity at the Premium Member rate, your registration type will be updated to “non-Premium Member” and the difference in price will be collected in order to confirm your participation.

3. PREMIUM MEMBERSHIP BENEFITS

NightCloud premium membership provides a wide array of benefits based on premium membership type and level. Premium Membership benefits for each Premium Member type are set out on the Merchant Risk Council website and can be referenced below:

The NightCloud reserves the right to modify the benefits associated with premium membership at any time, in accordance with its assessment of premium membership preferences, availability, and cost.

In order to optimize the utilization of our service resources and prevent abuse, NightCloud will enforce a transfer quota.

4. CANCELLATION

You may cancel your premium membership by:

Upon your request to cancel, your premium membership will be deactivated on the expiration date of your Premium Membership Term. At the time of deactivation, if you have registered and paid for an upcoming event or activity at the Premium Member rate, the registration type will be updated to “non-Premium Member” and the difference in price will be collected in order to confirm your participation.

5. CONFIDENTIALITY

You acknowledge that all information that the NightCloud provides to you, or otherwise makes available to you during your Premium Membership Term is proprietary and confidential information of the NightCloud and is subject to these Terms and Conditions and the NightCloud User Agreement. Accordingly, you agree to maintain the confidentiality of the NightCloud’s proprietary and confidential information during and after your Premium Membership Term; use any of the NightCloud’s proprietary and confidential information only during your Premium Membership Term and only as specifically authorized by the NightCloud in writing in advance of such use; and not disclose any of the NightCloud’s proprietary or confidential information, in whole or in part, directly or indirectly, to any third party without the NightCloud’s prior written consent.

6. RESTRICTED COUNTRIES OR REGIONS

To comply with the applicable local law, NightCloud is currently not available in countries or regions like People’s Republic of China, Crimea, Cuba, So-called Donetsk People’s Republic (DNR) and Luhansk People’s Republic (LNR), Iran, North Korea, Syria, or any other countries that is restricted by the international or national law. The Premium Member in these countries or regions are currently unable to access NightCloud. For the avoidance of doubt, the Premium Members who have purchased the premium membership outside of these restricted countries or regions but are currently there, your premium membership keeps consuming in the non-restricted countries and/or regions, and is available at any time after you leave these restricted countries or regions (if you are still in the Premium Membership Term).

7. OTHER TERMS AND POLICIES

NightCloud Premium Member agree to adhere to the NightCloud User Agreement: https://nightcloudapp.com/2023/08/24/nightcloud-user-agreement/

NightCloud Premium Member agree to adhere to the NightCloud Privacy Policy: https://nightcloudapp.com/2023/08/24/nightcloud-privacy-policy/

8. INQUIRIES

If you have any questions regarding our Premium Membership Terms and Conditions, please contact the NightCloud by our email address: support@nightcloudapp.com.